Binder & Binder, P.C. v. Colvin

MEMORANDUM AND ORDER

JOSEPH F. BIANCO, District Judge:

Plaintiff Binder & Binder, P.C. (“B & B” or “plaintiff’) successfully assisted Jay Scott Lerner (“Lerner”) in obtaining disability insurance benefits from the Social Security Administration (“SSA” or “defendant”). Although the SSA should have withheld $6,000.00 from Lerner’s past-due benefits in order to pay B & B its attorney’s fee, the SSA failed to do so. Lerner then filed for bankruptcy, which means that B & B cannot recover the $6,000.00 attorney’s fee directly from Lerner.

In the instant case, B & B now seeks a judgment against the SSA…